Mutual Aid: A Factor of EvolutionKropotkin, Petr Alekseevich, kniaz
Science
Mutual Aid: A Factor of Evolution
Kropotkin, Petr Alekseevich, kniaz
Cooperation; Social groups; Social institutions
permitted the lord, or his deputy, to "find" the above conditional
sentence in accordance with the customary law he had sworn to follow,
and to levy for himself the fine (the fred) due to the commune. But for
a long time, the lord himself, if he remained a co-proprietor in the
waste land of the commune, submitted in communal affairs to its
decisions. Noble or ecclesiastic, he had to submit to the folkmote--Wer
daselbst Wasser und Weid genusst, muss gehorsam sein--"Who enjoys here
the right of water and pasture must obey"--was the old saying. Even when
the peasants became serfs under the lord, he was bound to appear before
the folkmote when they summoned him.(19)
In their conceptions of justice the barbarians evidently did not much
differ from the savages. They also maintained the idea that a murder
must be followed by putting the murderer to death; that wounds had to be
punished by equal wounds, and that the wronged family was bound to
fulfil the sentence of the customary law. This was a holy duty, a duty
towards the ancestors, which had to be accomplished in broad daylight,
never in secrecy, and rendered widely known. Therefore the most inspired
passages of the sagas and epic poetry altogether are those which glorify
what was supposed to be justice. The gods themselves joined in aiding
it. However, the predominant feature of barbarian justice is, on the one
hand, to limit the numbers of persons who may be involved in a feud,
and, on the other hand, to extirpate the brutal idea of blood for blood
and wounds for wounds, by substituting for it the system of
compensation. The barbarian codes which were collections of common law
rules written down for the use of judges--"first permitted, then
encouraged, and at last enforced," compensation instead of revenge.(20)
The compensation has, however, been totally misunderstood by those who
represented it as a fine, and as a sort of carte blanche given to the
rich man to do whatever he liked. The compensation money (wergeld),
which was quite different from the fine or fred,(21) was habitually so
high for all kinds of active offences that it certainly was no
encouragement for such offences. In case of a murder it usually exceeded
all the possible fortune of the murderer "Eighteen times eighteen cows"
is the compensation with the Ossetes who do not know how to reckon above
eighteen, while with the African tribes it attains 800 cows or 100
camels with their young, or 416 sheep in the poorer tribes.(22) In the
great majority of cases, the compensation money could not be paid at
all, so that the murderer had no issue but to induce the wronged family,
by repentance, to adopt him. Even now, in the Caucasus, when feuds come
to an end, the offender touches with his lips the breast of the oldest
woman of the tribe, and becomes a "milk-brother" to all men of the
wronged family.(23) With several African tribes he must give his
daughter, or sister, in marriage to some one of the family; with other
Public-domain text, read in full here on John Shaqi.
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